What are special damages in personal injury?

What is a schedule of special damages?

Schedule of Special Damages

This can be prepared at any time during the process of the claim and is likely to be regularly updated as the claim proceeds. The Special Damages claim could include: losses of earnings. a claim for any care and assistance required by you.

Are special damages the same as punitive damages?

General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.

Why are special damages?

Special damages – Sometimes referred to as economic damages, special damages include out-of-pocket expenses that resulted from the negligent actions of the defendant. A goal of awarding special damages is to place the victim in a position they would be in had they not suffered their injuries.

What is the purpose of special damages?

Special damages refer to 'those items of loss which the plaintiff has suffered prior to the date of trial and which are capable of precise arithmetical calculation—such as hospital expenses'. General damages refer to all injuries which are not capable of precise calculation.

What are the difference between general and special damages?

General damages represent the types of damages that can't easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. ... Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

What does without proof of special damages mean?

Law/Patents - Law: Contract(s) English term or phrase: without proof of special damages. The Recipient agrees that the Discloser will be entitled without proof of special damages to seek the remedies of an injunction and other equitable relief for any actual or threatened breach by the Recipient of this Agreement.

For what purpose are special compensatory damages awarded?

Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

Are emotional distress damages special damages?

A common example of special damages is an award for lost wages or medical bills. ... General damages, or compensation, are awarded for intangible losses that may be difficult to calculate. These may include: loss of reputation, loss of companionship, emotional distress, or pain and suffering.

What are compensatory damages special damages general damages?

Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress.

What are the types of damages?

What are special damages South Africa?

A defaulting party will only be liable for special damages if two things can be proven: First, the innocent party must prove that there are special circumstances which make it reasonable to presume that the contracting parties contemplated the damage as a probable result of the breach of contract.

Are special damages consequential damages?

Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. ... Consequential damages go beyond the contract itself and into the actions that arise from the failure to fulfill.

Do special damages include property damage?

Special damages are typically easy to calculate. These include costs to repair or replace damaged property, lost wages, sick or vacation time you used during your recovery, and any other out-of-pocket expenses you incurred because of the injury. ... You are also entitled to full reimbursement of medical special damages.

What are special damages in breach of contract?

Special Damages. Special damages (also called “consequential damages”) cover any loss incurred by the breach of contract because of special circumstances or conditions that are not ordinarily predictable. These are actual losses caused by the breach, but not in a direct and immediate way.

Are punitive damages general or special?

What Are Punitive Damages? Punitive damages (also known as “exemplary damages” in California) constitute a special, separate category of non-economic damages. Whereas other non-economic damages aim to compensate personal injury plaintiffs for the harms they suffered, punitive damages have a different purpose.

When might an injured party seek those damages?

Compensatory damages seek to reimburse or compensate an injured party for the harm they have suffered, and these kinds of damages are available in almost all injury cases -- including auto accident, medical malpractice, and slip and fall cases.

What are examples of consequential damages?

What are pecuniary damages?

Pecuniary damages are damages that have a discernible, quantifiable monetary amount attached to them. Examples include medical bills, property damage and loss of wages. Non-pecuniary damages are damages that are not as discernible and quantifiable.

Are future losses special damages?

Special Damages are the financial losses you suffer as a result of an accident. These include both past and future losses.

What are the two categories of damages that can be awarded in compensation for negligence in H&S?

If you file a compensation claim for injuries that were caused due to no fault of yours, the money that the court awards you as compensation is called damages. The damages can be grouped into two categories – general damages and special damages.